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Intellectual Property

France

The law for a new Digital Republic, the creative freedom law, general data protection rules, the “trademark package”: the regulatory framework governing intellectual property law is changing at the national and EU level in line with new technologies and the extent of their impact on the issues in question. From contracts to patents via software and domain names, all aspects of this area are affected and this new legal environment requires greater expertise than ever, while the preservation and development of intellectual assets are taking on growing importance in a context determined by innovation. Whatever your business sector, it is vital to ensure that you own the technological and artistic works created by your employees and service providers, to guarantee their protection, to construct contractual exploitation frameworks that are secure from a legal and tax perspective and to adopt the means to tackle infringement and unfair and parasitic competition.

Our specialists benefit from significant experience in copyright, database law, advertising law, trademark law, drawings and models, domain names and patents, as well as unfair and parasitic competition law. Our team of 10 lawyers is therefore able to offer you a comprehensive service, from auditing of your company's intellectual assets to assistance and representation in relation to disputes via the registration and monitoring of your trademarks, designs and models (identification and analysis of precedents, national, EU and international registration, opposition procedures) and negotiation and drafting of your licensing, sale or coexistence agreements. Given the complexity of cases that often go beyond the strict framework of intellectual property, our experts work in close collaboration with their specialist lawyers in other areas (tax, customs, competition, etc.) to guarantee you the most effective support in all circumstances.

To achieve efficiency by taking a comprehensive approach, our experts draw on the vast CMS network with 150 specialist lawyers to handle international or transnational cases.

"CMS advises several major French luxury brands as well as foreign customers. Led by Anne-Laure Villedieu, the team deals with trademark, design and copyright files. They act both in consulting and litigation". Legal 500 Paris 2017

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    Copyright

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    Domain names

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    Drawings and models

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    Trademarks

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    Patent

    The team at CMS Francis Lefebvre Avocats can assist you with your patent law issues. 

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    25/07/2018
    Kenzo v Kenzo Es­tate: The CJEU con­siders the ad­miss­ib­il­ity of late...
    In­tro­duc­tion The latest de­cision of the Court of Justice of the European Uni­on ("CJEU”) in the Kenzo case provides use­ful guid­ance on ad­miss­ib­il­ity of late evid­ence in EU trade mark ap­peal pro­ceed­ings and cla­ri­fies the mean­ing of ‘un­fair ad­vant­age’ for well-known.
    14/06/2018
    CJEU rules that Louboutin's red sole trade mark is not a shape trade...
    On 12 June 2018, the Court of Justice of the EU rendered its much-awaited judge­ment in the case about Louboutin’s red sole trade mark, rul­ing that this trade mark does not re­late to a spe­cif­ic shape of sole for high-heeled shoes since the de­scrip­tion ex­pli­citly.
    23/01/2018
    Brus­sels Court of Ap­peal de­cides that Aldi’s Buval Pils­ner does not...
      In a de­cision of 12 Decem­ber 2017 the Brus­sels Court of Ap­peal over­turned the first in­stance de­cision and de­cided that Aldi’s Buval beer does not in­fringe In­Bev’s trade­mark and is in fact not con­trary to fair com­mer­cial prac­tices.
    14/09/2017
    EU-US Pri­vacy Shield un­der High Scru­tiny
    On 18 Septem­ber 2017, US Sec­ret­ary of Com­merce Wil­bur Ross and European Com­mis­sion­er Vĕra Jour­ova will launch the first an­nu­al re­view of the EU-US Pri­vacy Shield agree­ment (“Pri­vacy Shield”). The re­view will be a two-day ex­er­cise where European Com­mis­sion rep­res­ent­at­ives.
    30/08/2017
    The leg­al and reg­u­lat­ory chal­lenges of get­ting a bi­osim­il­ar product...
    After a pharma view on bi­osim­il­ars was provided in the pre­vi­ous Ex­pert View column, a leg­al per­spect­ive is provided by Nick Beck­ett, man­aging part­ner at CMS Beijing and glob­al co-head of the firm­'s lifes­ci­ences sec­tor group.
    10/07/2017
    GDPR ques­tion­naire: 50 ques­tions to identi­fy if your busi­ness is ready
    The Bav­ari­an Data Pro­tec­tion Au­thor­ity re­leased a GDPR im­ple­ment­a­tion ques­tion­naire 12 months be­fore the GDPR ap­plies to busi­nesses in Europe. On 25 May 2017, 12 months be­fore the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (“GDPR”) ap­plies to busi­nesses through­out.
    28/03/2017
    On the road to autonom­ous vehicles
    Con­nec­ted and autonom­ous vehicle (“CAV”) tech­no­lo­gies are set to have a pro­found so­cial and eco­nom­ic im­pact world­wide and con­tin­ue to ac­cu­mu­late a great weight of ex­pect­a­tion. Ad­voc­ates ar­gue that CAV tech­no­lo­gies will im­prove road safety, ease con­ges­tion and.
    03/02/2017
    Does Trump’s Ex­ec­ut­ive Or­der threaten EU-US data trans­fers?
    On Janu­ary 25th 2017 US Pres­id­ent Don­ald J. Trump ad­op­ted an Ex­ec­ut­ive Or­der titled “En­han­cing Pub­lic Safety in the In­teri­or of the United States”. The Ex­ec­ut­ive Or­der mainly fo­cuses on strength­en­ing im­mig­ra­tion en­force­ment.
    05/01/2017
    Leg­al Com­mit­tee of the European Par­lia­ment ap­proves the Port­ab­il­ity...
    On 29 Novem­ber 2016, the Leg­al Com­mit­tee of the European Par­lia­ment ap­proved the reg­u­la­tion on “en­sur­ing the cross-bor­der port­ab­il­ity of on­line con­tent ser­vices” (the “Port­ab­il­ity Reg­u­la­tion”). So far, the Port­ab­il­ity Reg­u­la­tion is the only re­main­ing pro­vi­sion.
    05/12/2016
    ABS Reg­u­la­tion - Draft Bi­otech Sec­tor Stake­hold­er Guid­ance
    Views are be­ing sought from in­ter­ested stake­hold­ers on European guid­ance for the bi­o­tech­no­logy sec­tor con­cern­ing the EU’s ac­cess to ge­net­ic re­sources and shar­ing of be­ne­fits from util­isa­tion le­gis­la­tion – namely the ABS Reg­u­la­tion.
    01/12/2016
    BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
    The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).
    30/11/2016
    The CJEU de­term­ines scope of im­pli­cit con­sent of au­thors to use their...
    Earli­er this month the Court of Justice of the EU (“CJEU”) has rendered a de­cision in the Marc Souli­er, Sara Dokes v. Premi­er Min­istre, Min­istre de la Cul­ture et de la Com­mu­nic­a­tion case (C-301/15), whereby it scru­tin­ized the French “Code de la Pro­priété In­tel­lec­tuelle”.